305 A.2d 483 (1973), holding that a person who is illegally detained because of
procedural defects is not entitled to resort to self-help, but rather must apply for
release through regular legal channels.

Former Art. 27, § 139 also prohibited a person from aiding the escape of an
individual. This revision eliminates this provision because the current common law
on accomplice liability adequately addresses this situation. This Committee has
previously recommended the deletion of similar provisions for this reason. See e.g.,
"Arson and Burning" subheading of this article.

137A.

(A) (1) A PERSON WHO HAS BEEN LAWFULLY ARRESTED MAY NOT
KNOWINGLY DEPART FROM CUSTODY WITHOUT THE AUTHORIZATION OF A LAW
ENFORCEMENT OR JUDICIAL OFFICER

(2) A PERSON MAY NOT KNOWINGLY FAIL TO OBEY A COURT ORDER TO
REPORT TO A PLACE OF CONFINEMENT.

(3) A PERSON WHO IS SERVING A SENTENCE IN A HOME DETENTION
PROGRAM OTHER THAN THE DIVISION OF CORRECTION HOME DETENTION PROGRAM
UNDER TITLE 3, SUBTITLE 4 OF THE CORRECTIONAL SERVICES ARTICLE MAY NOT
KNOWINGLY:

(I) VIOLATE ANY RESTRICTION ON MOVEMENT IMPOSED UNDER
THE TERMS OF THE HOME DETENTION ORDER OR AGREEMENT; OR

(II) FAIL TO RETURN TO A PLACE OF CONFINEMENT UNDER THE
TERMS OF THE HOME DETENTION ORDER OR AGREEMENT.

(B) (1) A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF THE
MISDEMEANOR OF ESCAPE IN THE SECOND DEGREE AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $5,000 OR IMPRISONMENT NOT EXCEEDING 3
YEARS OR BOTH.

(2) IF AN ESCAPE FROM A DETENTION AND YOUTH CENTER FOR
JUVENILES OPERATED BY OR UNDER CONTRACT WITH THE DEPARTMENT OF
JUVENILE JUSTICE CENTER FOR JUVENILES OR A FACILITY FOR JUVENILES LISTED
IN ARTICLE 83C, § 2-117(A)(2) OF THE CODE DOES NOT INVOLVE AN ASSAULT, A
VIOLATOR IS GUILTY OF ESCAPE IN THE SECOND DEGREE AND PUNISHABLE AS
PROVIDED IN PARAGRAPH (1) OF THIS SUBSECTION.

COMMITTEE NOTE (COMMITTEE TO REVISE ARTICLE 27): The
prohibition in subsection (a)(2) of this section is intended to apply to an order to report
for service of a weekend or other periodic sentence.

138.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "ALCOHOLIC BEVERAGE" MEANS BEER, WINE, OR DISTILLED SPIRITS.